''Dharmaśāstra'' () are
Sanskrit
Sanskrit (; stem form ; nominal singular , ,) is a classical language belonging to the Indo-Aryan languages, Indo-Aryan branch of the Indo-European languages. It arose in northwest South Asia after its predecessor languages had Trans-cultural ...
Puranic Smriti texts on law and conduct, and refer to treatises (
śāstras) on
Dharma
Dharma (; , ) is a key concept in various Indian religions. The term ''dharma'' does not have a single, clear Untranslatability, translation and conveys a multifaceted idea. Etymologically, it comes from the Sanskrit ''dhr-'', meaning ''to hold ...
. Like Dharmasūtra which are based upon
Vedas
FIle:Atharva-Veda samhita page 471 illustration.png, upright=1.2, The Vedas are ancient Sanskrit texts of Hinduism. Above: A page from the ''Atharvaveda''.
The Vedas ( or ; ), sometimes collectively called the Veda, are a large body of relig ...
, these texts are also elaborate law commentaries based on vedas, Dharmashastra themselves evolved from dharmshutra. There are many Dharmashastras, variously estimated to number from 18 to over 100. Each of these texts exists in many different versions, and each is rooted in Dharmasutra texts dated to the 1st millennium BCE that emerged from
Kalpa (Vedanga)
Kalpa () means "proper, fit" and is one of the six disciplines of the Vedānga, or ancillary science connected with the Vedas – the scriptures of Hinduism. This field of study is focused on the procedures and ceremonies associated with Vedic r ...
studies in the Vedic era.
The textual corpus of Dharmaśāstra were composed in poetic verse, and are part of the Hindu
Smritis, constituting divergent commentaries and treatises on ethics particularly duties, and responsibilities to oneself and family as well as those required as a member of society. The texts include discussion of
ashrama (stages of life),
varna (social classes),
purushartha (proper goals of life), personal virtues and duties such as
ahimsa
(, IAST: , ) is the ancient Indian principle of nonviolence which applies to actions towards all living beings. It is a key virtue in Indian religions like Jainism, Buddhism and Hinduism.
(also spelled Ahinsa) is one of the cardinal vi ...
(non-violence) against all living beings, rules of
just war
The just war theory () is a doctrine, also referred to as a tradition, of military ethics that aims to ensure that a war is morally justifiable through a series of criteria, all of which must be met for a war to be considered just. It has bee ...
, and other topics.
Dharmaśāstra became influential in modern
colonial India
Colonial India was the part of the Indian subcontinent that was occupied by European colonial powers during and after the Age of Discovery. European power was exerted both by conquest and trade, especially in spice trade, spices. The search for ...
history, when they were formulated by early
British
British may refer to:
Peoples, culture, and language
* British people, nationals or natives of the United Kingdom, British Overseas Territories and Crown Dependencies.
* British national identity, the characteristics of British people and culture ...
colonial administrators to be the
law of the land for all non-Muslims (Hindus, Jains, Buddhists, Sikhs) in the
Indian subcontinent
The Indian subcontinent is a physiographic region of Asia below the Himalayas which projects into the Indian Ocean between the Bay of Bengal to the east and the Arabian Sea to the west. It is now divided between Bangladesh, India, and Pakista ...
, after
Sharia
Sharia, Sharī'ah, Shari'a, or Shariah () is a body of religious law that forms a part of the Islamic tradition based on Islamic holy books, scriptures of Islam, particularly the Quran, Qur'an and hadith. In Islamic terminology ''sharīʿah'' ...
set by Emperor
Aurangzeb
Alamgir I (Muhi al-Din Muhammad; 3 November 1618 – 3 March 1707), commonly known by the title Aurangzeb, also called Aurangzeb the Conqueror, was the sixth Mughal emperors, Mughal emperor, reigning from 1658 until his death in 1707, becomi ...
under his compendium
Fatwa Alamgiri
Fatawa 'Alamgiri, also called Al-Fatawa al-Hindiyyah (; ), Fatawa-e-Alamgiri or Al-Fatawa al-'Alamkiriyyah (; ), is a 17th-century sharia based compilation on statecraft, general ethics, military strategy, economic policy, justice and punishment, ...
, was already accepted as the law for Muslims in colonial India.
[Werner Menski (2003), Hindu Law: Beyond tradition and modernity, Oxford University Press, , Chapter 1]
History

The Dharmashastras are based on ancient
Dharmasūtra texts, which themselves emerged from the literary tradition of the Vedas (Rig, Yajur, Sāma, and Atharva) composed in 2nd millennium BCE to the early centuries of the 1st millennium BCE. These Vedic branches split into various other schools (''shakhas'') possibly for a variety of reasons such as geography, specialization and disputes. Each Veda is further divided into two categories namely the Saṃhitā which is a collection of
mantra
A mantra ( ; Pali: ''mantra'') or mantram (Devanagari: मन्त्रम्) is a sacred utterance, a numinous sound, a syllable, word or phonemes, or group of words (most often in an Indo-Iranian language like Sanskrit or Avestan) belie ...
verses and the
Brahmana
The Brahmanas (; Sanskrit: , International Alphabet of Sanskrit Transliteration, IAST: ''Brāhmaṇam'') are Vedas, Vedic śruti works attached to the Samhitas (hymns and mantras) of the Rigveda, Rig, Samaveda, Sama, Yajurveda, Yajur, and Athar ...
s which are prose texts that explain the meaning of the Samhita verses.
The Brāhmaṇa layer expanded and some of the newer esoteric layers of text that explore the hidden meanings behind Vedic rituals were called
Aranyaka
The ''Aranyakas'' (; ; IAST: ') are a part of the ancient Indian Vedas concerned with the meaning of ritual sacrifice, composed in about 700 BC. They typically represent the later sections of the Vedas, and are one of many layers of Vedic text ...
s while the philosophical sections came to be called the
Upanishad
The Upanishads (; , , ) are late Vedic and post-Vedic Sanskrit texts that "document the transition from the archaic ritualism of the Veda into new religious ideas and institutions" and the emergence of the central religious concepts of Hind ...
s.
The Vedic basis of Dharma literature is found in the Brahmana layer of the Vedas.
Towards the end of the Vedic period, after the middle of the 1st millennium BCE, the language of the Vedic texts composed centuries earlier grew too archaic to the people of that time. This led to the formation of Vedic Supplements called the
Vedanga
The Vedanga ( ', "limb of the Veda-s"; plural form: वेदाङ्गानि ') are six auxiliary disciplines of Vedic studies that developed in Vedic and post-Vedic times.James Lochtefeld (2002), "Vedanga" in The Illustrated Encyclopedia o ...
s which literally means 'limbs of the Veda'.
The Vedangas were ancillary sciences that focused on understanding and interpreting the Vedas composed many centuries earlier, and included
Shiksha
''Shiksha'' (, ) is a Sanskrit word, which means "instruction, lesson, learning, study of skill".Sir Monier Monier-Williams A DkSanskrit-English Dictionary: Etymologically and Philologically Arranged with Special Reference to Cognate Indo-Europ ...
(phonetics, syllable),
Chandas (poetic metre),
Vyakarana (grammar, linguistics),
Nirukta
''Nirukta'' (, , "explained, interpreted") is one of the six ancient Vedangas, or ancillary science connected with the Vedas – the scriptures of Hinduism.James Lochtefeld (2002), "Nirukta" in The Illustrated Encyclopedia of Hinduism, Vol. 2: ...
(etymology, glossary),
Jyotisha (timekeeping, astronomy), and
Kalpa
Kalevan Pallo (KalPa) is a professional ice hockey team which competes in the Finnish Liiga. They play in Kuopio, Finland at the Niiralan monttu, Olvi Areena.
Team history
Established in 1929 as ''Sortavalan Palloseura'' in Sortavala, the club r ...
(ritual or proper procedures). The Kalpa Vedanga studies gave rise to the Dharma-sutras, which later expanded into Dharma-shastras.
The Dharmasutras
The Dharmasutras were numerous, but only four texts have survived into the modern era. The most important of these texts are the sutras of
Apastamba
''Āpastamba Dharmasūtra'' (Sanskrit: आपस्तम्ब धर्मसूत्र) is a Sanskrit text and one of the oldest Dharma-post vedic smriti related texts of Hinduism that have survived into the modern age from the 1st millenniu ...
,
Gautama,
Baudhayana
The (Sanskrit: बौधायन सूत्रस् ) are a group of Vedic Sanskrit texts which cover dharma, daily ritual, mathematics and is one of the oldest Dharma-related texts of Hinduism that have survived into the modern age from th ...
, and
Vasistha.
These extant texts cite writers and refer opinions of seventeen authorities, implying that a rich Dharmasutras tradition existed prior to when these texts were composed.
The extant Dharmasutras are written in concise
sutra
''Sutra'' ()Monier Williams, ''Sanskrit English Dictionary'', Oxford University Press, Entry fo''sutra'' page 1241 in Indian literary traditions refers to an aphorism or a collection of aphorisms in the form of a manual or, more broadly, a ...
format, with a very terse incomplete sentence structure which are difficult to understand and leave much to the reader to interpret. The Dharmasastras are derivative works on the Dharmasutras, using a
shloka
Shloka or śloka ( , from the root , Macdonell, Arthur A., ''A Sanskrit Grammar for Students'', Appendix II, p. 232 (Oxford University Press, 3rd edition, 1927).) in a broader sense, according to Monier-Williams's dictionary, is "any verse or stan ...
(four 8-syllable verse style
chandas poetry, Anushtubh meter), which are relatively clearer.
The Dharmasutras can be called the guidebooks of dharma as they contain guidelines for individual and social behavior, ethical norms, as well as personal, civil and criminal law. They discuss the duties and rights of people at different stages of life like studenthood, householdership, retirement and renunciation. These stages are also called
ashramas. They also discuss the rites and duties of kings, judicial matters, and personal law such as matters relating to marriage and inheritance.
However, Dharmasutras typically did not deal with rituals and ceremonies, a topic that was covered in the Shrautasutras and Grihyasutras texts of the
Kalpa (Vedanga)
Kalpa () means "proper, fit" and is one of the six disciplines of the Vedānga, or ancillary science connected with the Vedas – the scriptures of Hinduism. This field of study is focused on the procedures and ceremonies associated with Vedic r ...
.
Style of composition
The hymns of Ṛgveda are one of the earliest texts composed in verse. The Brāhmaṇa which belongs to the middle vedic period followed by the vedāṇga are composed in prose. The basic texts are composed in an aphoristic style known as the ''
sutra
''Sutra'' ()Monier Williams, ''Sanskrit English Dictionary'', Oxford University Press, Entry fo''sutra'' page 1241 in Indian literary traditions refers to an aphorism or a collection of aphorisms in the form of a manual or, more broadly, a ...
'' which literally means thread on which each aphorism is strung like a pearl.
The Dharmasūtras are composed in sutra style and were part of a larger compilation of texts, called the Kalpasūtras which give an aphoristic description of the rituals, ceremonies and proper procedures. The Kalpasutras contain three sections, namely the Śrautasūtras which deal with vedic ceremonies, Gṛhyasūtras which deal with rites of passage rituals and domestic matters, and Dharmasūtras which deal with proper procedures in one's life.
The Dharmasūtras of Āpastamba and Baudhāyana form a part of larger Kalpasutra texts, all of which has survived into the modern era.
The ''sūtra'' tradition ended around the beginning of the common era and was followed by the poetic octosyllable verse style called the ''śloka''.
The verse style was used to compose the Dharmaśāstras such as the
Manusmriti
The ''Manusmṛti'' (), also known as the ''Mānava-Dharmaśāstra'' or the Laws of Manu, is one of the many legal texts and constitutions among the many ' of Hinduism.
Over fifty manuscripts of the ''Manusmriti'' are now known, but the earli ...
, the Hindu epics, and the
.
The age of Smṛtis that ended around the second half of the first millennium CE was followed by that of commentaries around the 9th century called ''nibandha''. This legal tradition consisted of commentaries on earlier Dharmasūtras and Smritis.
Authorship and dates
About 20 Dharmasutras are known, some surviving into the modern era just as fragments of their original. Four Dharmasūtras have been translated into English, and most remain in manuscripts. All carry the names of their authors, but it is still difficult to determine who these real authors were.
The extant Dharmasūtra texts are listed below:
# Apastamba
''Āpastamba Dharmasūtra'' (Sanskrit: आपस्तम्ब धर्मसूत्र) is a Sanskrit text and one of the oldest Dharma-post vedic smriti related texts of Hinduism that have survived into the modern age from the 1st millenniu ...
(450–350 BCE) this Dharmasūtra forms a part of the larger Kalpasūtra of Apastamba. It contains 1,364 sutras.
# Gautama (600–200 BCE) although this Dharmasūtra comes down as an independent treatise it may have once formed a part of the Kalpasūtra, linked to the Samaveda
The ''Samaveda'' (, , from '' सामन्'', "song" and ''वेद'', "knowledge"), is the Veda of melodies and chants. It is an ancient Vedic Sanskrit text, and is one of the sacred scriptures in Hinduism. One of the four Vedas, it is a l ...
. It is likely the oldest extant Dharma text, and originated in what is modern Maharashtra
Maharashtra () is a state in the western peninsular region of India occupying a substantial portion of the Deccan Plateau. It is bordered by the Arabian Sea to the west, the Indian states of Karnataka and Goa to the south, Telangana to th ...
-Gujarat
Gujarat () is a States of India, state along the Western India, western coast of India. Its coastline of about is the longest in the country, most of which lies on the Kathiawar peninsula. Gujarat is the List of states and union territories ...
. It contains 973 sutras.
# Baudhāyana (500–200 BCE) this Dharmasūtra like that of Apastamba also forms a part of the larger Kalpasūtra. It contains 1,236 sutras.
# Vasishtha
Vasishtha (, ) is one of the oldest and revered Vedic rishis or sages, and one of the Saptarishis (seven great Rishis). Vasishtha is credited as the chief author of Mandala 7 of the ''Rigveda''. Vasishtha and his family are mentioned in Rigve ...
(300–100 BCE) this Dharmasūtra forms an independent treatise and other parts of the Kalpasūtra, that is Shrauta- and Grihya-sutras are missing. It contains 1,038 sutras.
The Dharmasūtra of Āpastamba and Baudhayana form a part of the Kalpasūtra but it is not easy to establish whether they were historical authors of these texts or whether these texts were composed within certain institutions attributed to their names.
Moreover, Gautama and Vasiṣṭha are ancient sages related to specific vedic schools and therefore it is hard to say whether they were historical authors of these texts. The issue of authorship is further complicated by the fact that apart from Āpastamba the other Dharmasūtras have various alterations made at later times.
There is uncertainty regarding the dates of these documents due to lack of evidence concerning these documents. Kane has posited the following dates for the texts, for example, though other scholars disagree: Gautama 600 BCE to 400 BCE, Āpastamba 450 BCE to 350 BCE, Baudhāyana 500 BCE to 200 BCE, and Vasiṣṭha 300 BCE to 100 BCE. Patrick Olivelle suggests that Apastamba Dharmasutra is the oldest of the extant texts in Dharmasutra genre and one by Gautama second oldest, while Robert Lingat suggests that Gautama Dharmasutra is the oldest.
There is confusion regarding the geographical provenance of these documents. According to Bühler and Kane, Āpastamba came from South India probably from a region corresponding to modern
Andhra Pradesh
Andhra Pradesh (ISO 15919, ISO: , , AP) is a States and union territories of India, state on the East Coast of India, east coast of southern India. It is the List of states and union territories of India by area, seventh-largest state and th ...
. Baudhāyana also came from south although evidence regarding this is weaker than that of Āpastamba. Gautama likely came from western region, nearer to the northwestern region to which Pāṇini belonged, and one which corresponds to where Maratha people in modern India are found. Nothing can be said about Vasiṣṭha due to lack of any evidence.
Scholars have varied opinions about the chronology of these documents. Regarding the age of Āpastamba and Gautama there are opposite conclusions. According to Bühler and Lingat Āpastamba is younger than Baudhāyana. Vasiṣṭha is surely a later text.
Literary structure
The structure of these Dharmasūtras primarily addresses the Brahmins both in subject matter and the audience. The Brahmins are the creators and primary consumers of these texts. The subject matter of Dharmasūtras is ''dharma''. The central focus of these texts is how a Brahmin male should conduct himself during his lifetime. The text of Āpastamba which is best preserved has a total of 1,364 sūtras out of which 1,206 (88 per cent) are devoted to the Brahmin, whereas only 158 (12 per cent) deals with topics of general nature. The structure of the Dharmasūtras begin with the vedic initiation of a young boy followed by entry into adulthood, marriage and responsibilities of adult life that includes adoption, inheritance, death rituals and ancestral offerings. According to Olivelle, the reason Dharmasutras introduced vedic initiation was to make the individual subject to Dharma precepts at school, by making him a 'twice born' man, because children were considered exempt from Dharma precepts in the vedic tradition.
The structure of Dharmasūtra of Āpastamba begins with the duties of the student, then describes householder duties and rights such as inheritance, and ends with administration of the king. This forms the early structure of the Dharma texts. However, in the Dharmasūtras of Gautama, Baudhāyana and Vasiṣṭha some sections such as inheritance and penance are reorganized, and moved from householder section to king-related section. Ollivelle suggests that these changes may be because of chronological reasons where civil law increasingly became part of the king's administrative responsibilities.
The meaning of Dharma
''Dharma'' is a concept which is central not only in Hinduism but also in Jainism and Buddhism. The term means a lot of things and has a wide scope of interpretation. The fundamental meaning of ''Dharma'' in Dharmasūtras, states Olivelle is diverse, and includes accepted norms of behavior, procedures within a ritual, moral actions, righteousness and ethical attitudes, civil and criminal law, legal procedures and penance or punishment, and guidelines for proper and productive living.
The term Dharma also includes social institutions such as marriage, inheritance, adoption, work contracts, judicial process in case of disputes, as well personal choices such as meat as food and sexual conduct.
The source of Dharma: scriptures or empiricism
The source of ''dharma'' was a question that loomed in the minds of Dharma text writers, and they tried to seek "where guidelines for Dharma can be found?" They sought to define and examine vedic injunctions as the source of Dharma, asserting that like the Vedas, ''Dharma'' is not of human origin. This worked for rituals-related rules, but in all other matters this created numerous interpretations and different derivations. This led to documents with various working definitions, such as dharma of different regions (''deshadharma''), of social groups (''jatidharma''), of different families (''kuladharma''). The authors of Dharmasutras and Dharmashastra admit that these ''dharmas'' are not found in the Vedic texts, nor can the behavioral rules included therein be found in any of the Vedas. This led to the incongruity between the search for legal codes and dharma rules in the theological versus the reality of epistemic origins of dharma rules and guidelines.
The Hindu scholar Āpastamba, in a Dharmasutra named after him (~400 BCE), made an attempt to resolve this issue of incongruity. He placed the importance of the Veda scriptures second and that of ''samayacarika'' or mutually agreed and accepted customs of practice first. Āpastamba thus proposed that scriptures alone cannot be source of Law (dharma), and dharma has an empirical nature. Āpastamba asserted that it is difficult to find absolute sources of law, in ancient books or current people, states
Patrick Olivelle
Patrick Olivelle is an Indologist. A philologist and scholar of Sanskrit Literature whose work has focused on asceticism, renunciation and the dharma, Olivelle has been Professor of Sanskrit and Indian Religions in the Department of Asian Stu ...
with, "The Righteous (dharma) and the Unrighteous (adharma) do not go around saying, 'here we are!'; Nor do gods, Gandharvas or ancestors declare, 'This is righteous and that is unrighteous'." Most laws are based on agreement between the Aryas, stated Āpastamba, on what is right and what is wrong. Laws must also change with ages, stated Āpastamba, a theory that became known as ''Yuga dharma'' in Hindu traditions. Āpastamba also asserted in verses 2.29.11–15, states Olivelle, that "aspects of dharma not taught in Dharmasastras can be learned from women and people of all classes".
Āpastamba used a hermeneutic strategy that asserted that the Vedas once contained all knowledge including that of ideal Dharma, but parts of Vedas have been lost. Human customs developed from the original complete Vedas, but given the lost text, one must use customs between good people as a source to infer what the original Vedas might have stated the Dharma to be. This theory, called the 'lost Veda' theory, made the study of customs of good people as a source of dharma and guide to proper living, states Olivelle.
The sources of ''dharma'' according to Gautama Dharmasutra are three: the Vedas, the Smriti (tradition), acāra (the practice) of those who know the Veda. These three sources are also found in later Dharmashastra literature. Baudhāyana Dharmasutra lists the same three, but calls the third as śiṣṭa (शिष्ट, literally polite cultured people) or the practice of cultured people as the third source of dharma. Both Baudhāyana Dharmasutra and Vāsiṣṭha Dharmasutra make the practices of śiṣṭa as a source of dharma, but both state that the geographical location of such polite cultured people does not limit the usefulness of universal precepts contained in their practices. In case of conflict between different sources of dharma, Gautama Dharmasutra states that the Vedas prevail over other sources, and if two Vedic texts are in conflict then the individual has a choice to follow either.
The nature of Dharmasūtras is normative, they tell what people ought to do, but they do not tell what people actually did. Some scholars state that these sources are unreliable and worthless for historical purposes instead to use archaeology, epigraphy and other historical evidence to establish the actual legal codes in Indian history. Olivelle states that the dismissal of normative texts is unwise, as is believing that the Dharmasutras and Dharmashastras texts present a uniform code of conduct and there were no divergent or dissenting views.
The Dharmaśāstras
Written after the Dharmasūtras, these texts use a metered verse and are much more elaborate in their scope than Dharmasutras. The word ''Dharmaśāstras'' never appears in the Vedic texts, and the word ''śāstra'' itself appears for the first time in Yaska's ''
Nirukta
''Nirukta'' (, , "explained, interpreted") is one of the six ancient Vedangas, or ancillary science connected with the Vedas – the scriptures of Hinduism.James Lochtefeld (2002), "Nirukta" in The Illustrated Encyclopedia of Hinduism, Vol. 2: ...
'' text.
Katyayana's commentary on Panini's work (~3rd century BCE), has the oldest known single mention of the word ''Dharmaśāstras''.
The extant Dharmaśāstras texts are listed below:
# The Manusmriti
The ''Manusmṛti'' (), also known as the ''Mānava-Dharmaśāstra'' or the Laws of Manu, is one of the many legal texts and constitutions among the many ' of Hinduism.
Over fifty manuscripts of the ''Manusmriti'' are now known, but the earli ...
(~ 2nd to 3rd century CE) is the most studied and earliest metrical work of the Dharmaśāstra textual tradition of Hinduism
Hinduism () is an Hypernymy and hyponymy, umbrella term for a range of Indian religions, Indian List of religions and spiritual traditions#Indian religions, religious and spiritual traditions (Sampradaya, ''sampradaya''s) that are unified ...
. The medieval era Buddhistic law of Myanmar
Myanmar, officially the Republic of the Union of Myanmar; and also referred to as Burma (the official English name until 1989), is a country in northwest Southeast Asia. It is the largest country by area in Mainland Southeast Asia and has ...
and Thailand
Thailand, officially the Kingdom of Thailand and historically known as Siam (the official name until 1939), is a country in Southeast Asia on the Mainland Southeast Asia, Indochinese Peninsula. With a population of almost 66 million, it spa ...
are also ascribed to Manu, and the text influenced past Hindu kingdoms in Cambodia
Cambodia, officially the Kingdom of Cambodia, is a country in Southeast Asia on the Mainland Southeast Asia, Indochinese Peninsula. It is bordered by Thailand to the northwest, Laos to the north, and Vietnam to the east, and has a coastline ...
and Indonesia
Indonesia, officially the Republic of Indonesia, is a country in Southeast Asia and Oceania, between the Indian Ocean, Indian and Pacific Ocean, Pacific oceans. Comprising over List of islands of Indonesia, 17,000 islands, including Sumatra, ...
.
# The (~ 4th to 5th-century CE) has been called the "best composed" and "most homogeneous" text of the Dharmaśāstra tradition, with its superior vocabulary and level of sophistication. It may have been more influential than Manusmriti as a legal theory text.
# The (~ 5th to 6th-century CE) has been called the "juridical text par excellence" and represents the only Dharmaśāstra text which deals solely with juridical matters and ignoring those of righteous conduct and penance.
# The (~ 7th-century CE) is one of the latest books of the Dharmaśāstra tradition in Hinduism and also the only one which does not deal directly with the means of knowing dharma
Dharma (; , ) is a key concept in various Indian religions. The term ''dharma'' does not have a single, clear Untranslatability, translation and conveys a multifaceted idea. Etymologically, it comes from the Sanskrit ''dhr-'', meaning ''to hold ...
, focusing instead on the bhakti
''Bhakti'' (; Pali: ''bhatti'') is a term common in Indian religions which means attachment, fondness for, devotion to, trust, homage, worship, piety, faith, or love.See Monier-Williams, ''Sanskrit Dictionary'', 1899. In Indian religions, it ...
tradition.
In addition, numerous other Dharmaśāstras are known, partially or indirectly, with very different ideas, customs and conflicting versions. For example, the manuscripts of and the have not been found, but their verses have been cited in other texts, and scholars have made an effort to extract these cited verses, thus creating a modern reconstruction of these texts. Scholars such as Jolly and Aiyangar have gathered some 2,400 verses of the lost Bṛhaspatismṛti text in this manner. Brihaspati-smriti was likely a larger and more comprehensive text than Manusmriti, yet both Brihaspati-smriti and Katyayana-smriti seem to have been predominantly devoted to judicial process and jurisprudence. The writers of Dharmasastras acknowledged their mutual differences, and developed a "doctrine of consensus" reflecting regional customs and preferences.
Of the four extant Dharmasastras, Manusmriti, Yajnavalkyasmriti and Naradasmriti are the most important surviving texts. But, states Robert Lingat, numerous other Dharmasastras whose manuscripts are now missing, have enjoyed equal authority. Between the three, the Manusmriti became famous during the colonial British India era, yet modern scholarship states that other Dharmasastras such as the Yajnavalkyasmriti appear to have played a greater role in guiding the actual Dharma. Further, the Dharmasastras were open texts, and they underwent alterations and rewriting through their history.
Contents of Dharmasutras and Dharmaśāstra

All
Dharma
Dharma (; , ) is a key concept in various Indian religions. The term ''dharma'' does not have a single, clear Untranslatability, translation and conveys a multifaceted idea. Etymologically, it comes from the Sanskrit ''dhr-'', meaning ''to hold ...
, in Hindu traditions, has its foundation in the
Vedas
FIle:Atharva-Veda samhita page 471 illustration.png, upright=1.2, The Vedas are ancient Sanskrit texts of Hinduism. Above: A page from the ''Atharvaveda''.
The Vedas ( or ; ), sometimes collectively called the Veda, are a large body of relig ...
. The Dharmashastra texts enumerate four sources of Dharma – the precepts in the Vedas, the tradition, the virtuous conduct of those who know the Vedas, and approval of one's conscience (Atmasantushti, self-satisfaction).
The Dharmashastra texts include conflicting claims on the sources of dharma. The theological claim therein asserts, without any elaboration, that Dharma just like the Vedas are eternal and timeless, the former is directly or indirectly related to the Vedas. Yet these texts also acknowledge the role of Smriti, customs of polite learned people, and one's conscience as source of dharma. The historical reality, states Patrick Olivelle, is very different from the theological reference to the Vedas, and the dharma taught in the Dharmaśāstra has little to do with the Vedas. These were customs, norms or pronouncements of the writers of these texts that were likely derived from evolving regional ethical, ideological, cultural and legal practices.
The Dharmasutra and Dharmaśāstra texts, as they have survived into the modern era, were not authored by a single author. They were viewed by the ancient and medieval era commentators, states Olivelle, to be the works of many authors. Robert Lingat adds that these texts suggest that "a rich literature on dharma already existed" before these were first composed. These texts were revised and interpolated through their history because the various text manuscripts discovered in India are inconsistent with each other, and within themselves, raising concerns of their authenticity.
[Patrick Olivelle (2005), Manu's Code of Law, Oxford University Press, , pages 353–354, 356–382][G Srikantan (2014), Entanglements in Legal History (Editor: Thomas Duve), Max Planck Institute: Germany, , page 123]
The Dharmaśāstra texts present their ideas under various categories such as Acara, Vyavahara, Prayascitta and others, but they do so inconsistently. Some discuss Acara but do not discuss Vyavahara, as is the case with ''Parasara-Smriti'' for instance, while some solely discuss Vyavahara.
Ācāra
Ācāra (आचार) literally means "good behavior, custom". It refers to the normative behavior and practices of a community, conventions and behaviors that enable a society and various individuals therein to function.
Vyavahāra
Vyavahāra (व्यवहार) literally means "judicial procedure, process, practice, conduct and behaviour". The due process, honesty in testimony, considering various sides, was justified by Dharmaśāstra authors as a form of Vedic sacrifice, failure of the due process was declared to be a sin.
The Vyavahara sections of Dharma texts included chapters on duties of a king, court system, judges and witnesses, judicial process, crimes and penance or punishment. However, the discussions and procedures in different Dharmasutra and Dharmaśāstra texts diverge significantly.
Some Dharmaśāstra texts such as that attributed to Brihaspati, are almost entirely Vyavahāra-related texts. These were probably composed in the common era, around or after 5th-century of 1st millennium.
Prāyaścitta
Prāyaścitta (प्रायश्चित्त) literally means "atonement, expiation, penance". Prāyaścitta is asserted by the Dharmasutra and Dharmashastra texts as an alternative to incarceration and punishment, and a means of expiating bad conduct or sin such as adultery by a married person. Thus, in the Apastambha text, a willing sexual act between a male and female is subject to penance, while rape is covered by harsher judicial punishments, with a few texts such as Manusmriti suggesting public punishments in extreme cases.
Those texts that discuss Prāyaścitta, states
Robert Lingat, debate the intent and thought behind the improper act, and consider penance appropriate when the "effect" had to be balanced, but "cause" was unclear. The roots of this theory are found in the
Brahmana
The Brahmanas (; Sanskrit: , International Alphabet of Sanskrit Transliteration, IAST: ''Brāhmaṇam'') are Vedas, Vedic śruti works attached to the Samhitas (hymns and mantras) of the Rigveda, Rig, Samaveda, Sama, Yajurveda, Yajur, and Athar ...
layer of text in the
Samaveda
The ''Samaveda'' (, , from '' सामन्'', "song" and ''वेद'', "knowledge"), is the Veda of melodies and chants. It is an ancient Vedic Sanskrit text, and is one of the sacred scriptures in Hinduism. One of the four Vedas, it is a l ...
.
Secondary works
The Dharmasutras and Dharmasastras attracted secondary works called commentaries (
Bhashya) & would typically interpret and explain the text of interest, accept or reject the ideas along with reasons why.
Another category of secondary literature derived from the Dharmasutras and Dharmasastras were the digests (''nibandhas'', sometimes spelled ''nibhandas''). These arose primarily because of the conflict and disagreements on a particular subject across the various Dharma texts. These digests attempted to reconcile, bridge or suggest a compromise guideline to the numerous disagreements in the primary texts, however the digests in themselves disagreed with each other even on basic principles. Geographically, the medieval era digest writers came from many different parts of India, such as
Assam
Assam (, , ) is a state in Northeast India, northeastern India, south of the eastern Himalayas along the Brahmaputra Valley, Brahmaputra and Barak River valleys. Assam covers an area of . It is the second largest state in Northeast India, nor ...
,
Bengal
Bengal ( ) is a Historical geography, historical geographical, ethnolinguistic and cultural term referring to a region in the Eastern South Asia, eastern part of the Indian subcontinent at the apex of the Bay of Bengal. The region of Benga ...
,
Bihar
Bihar ( ) is a states and union territories of India, state in Eastern India. It is the list of states and union territories of India by population, second largest state by population, the List of states and union territories of India by are ...
,
Gujarat
Gujarat () is a States of India, state along the Western India, western coast of India. Its coastline of about is the longest in the country, most of which lies on the Kathiawar peninsula. Gujarat is the List of states and union territories ...
,
Kashmir
Kashmir ( or ) is the Northwestern Indian subcontinent, northernmost geographical region of the Indian subcontinent. Until the mid-19th century, the term ''Kashmir'' denoted only the Kashmir Valley between the Great Himalayas and the Pir P ...
,
Karnataka
Karnataka ( ) is a States and union territories of India, state in the southwestern region of India. It was Unification of Karnataka, formed as Mysore State on 1 November 1956, with the passage of the States Reorganisation Act, 1956, States Re ...
,
Maharashtra
Maharashtra () is a state in the western peninsular region of India occupying a substantial portion of the Deccan Plateau. It is bordered by the Arabian Sea to the west, the Indian states of Karnataka and Goa to the south, Telangana to th ...
,
Odisha
Odisha (), formerly Orissa (List of renamed places in India, the official name until 2011), is a States and union territories of India, state located in East India, Eastern India. It is the List of states and union territories of India by ar ...
,
Tamil Nadu
Tamil Nadu (; , TN) is the southernmost States and union territories of India, state of India. The List of states and union territories of India by area, tenth largest Indian state by area and the List of states and union territories of Indi ...
, and
Uttar Pradesh
Uttar Pradesh ( ; UP) is a States and union territories of India, state in North India, northern India. With over 241 million inhabitants, it is the List of states and union territories of India by population, most populated state in In ...
.
Some important ''nibandha''s are
#''Caturvargacintāmaṇi'' of
Hemādri, composed around A. D. 1260-1270
#''Kṛtya-kalpataru'' of Lakṣmīdhara, a minister of the
king Govindacandra of Kanauj
#''Nirṇayasindhu'' of , composed around A. D. 1612
#''Smṛticandrikā'' of Devaṇṇabhaṭṭa (A. D. 1150-1225)
#''Smṛtikaustubha'' of Anantadeva (grandson of
Eknāth), composed around A. D. 1645-1695
#''Smṛtiratnākara'' of
Caṇḍeśvara Ṭhakkura, composed around A. D. 1314
#''Smṛtitattva'' or commonly referred to as ''Astāviṃśati-tattva'' of
Raghunandana
#''
Vīramitrodaya The Vīramitrodaya refers to a Hindu law digest written by Mitra Miśra, a brahmin from ''Gopācala'' (present day Gwalior) which covers nearly every aspect of ''Dharmaśāstra''. The work was done at the behest of King Vīrasimhadeva of Orchha du ...
'' of Mitramiśra (A. D. 1610-1640)
#''Dāyabhāga'' of
Jīmūtavāhana, composed around A. D. 1100
#''Vyavahāra-mayūkha'' & ''Bhagavanta-bhāskara'' of Nīlakaṇṭha Bhaṭṭa, cousin of Kamalākara Bhaṭṭa (17th century)
#''Smṛtisindhu'' and its summary ''Tattvamuktāvalī'', ''Dattaka-mīmāṁsā'' of Nandapaṇḍita (A. D. 1580-1630)
#''Ṭoḍarānanda'' of
Rājā Ṭoḍaramal, composed around A. D. 1572-1589, sponsored by the Mughal emperor
Akbar
Akbar (Jalal-ud-din Muhammad Akbar, – ), popularly known as Akbar the Great, was the third Mughal emperor, who reigned from 1556 to 1605. Akbar succeeded his father, Humayun, under a regent, Bairam Khan, who helped the young emperor expa ...
#''Dharmasindhu'' of Kāśīnātha Upādhyāya, composed around A. D. 1790-91
The ''nibandhakāra''s discussed almost all aspects of society, but specialised in certain topics compared to others.
Women jurists
A few notable historic digests on Dharmasastras were written by women.
[ These include Lakshmidevi's ''Vivadachandra'' and Mahadevi Dhiramati's ''Danavakyavali''.][ Lakshmidevi, state West and Bühler, gives a latitudinarian views and widest interpretation to ''Yajnavalkya Smriti'', but her views were not widely adopted by male legal scholars of her time.] The scholarly works of Lakshmidevi were also published with the pen name ''Balambhatta'', and are now considered classics in legal theories on inheritance and property rights, particularly for women.
Dharma texts and the schools of Hindu philosophy
The Mimamsa school of Hindu philosophy developed textual hermeneutics, theories on language and interpretation of Dharma, ideas which contributed to the Dharmasutras and Dharmasastras. The Vedanga
The Vedanga ( ', "limb of the Veda-s"; plural form: वेदाङ्गानि ') are six auxiliary disciplines of Vedic studies that developed in Vedic and post-Vedic times.James Lochtefeld (2002), "Vedanga" in The Illustrated Encyclopedia o ...
fields of grammar and linguistics – Vyakarana and Nirukta
''Nirukta'' (, , "explained, interpreted") is one of the six ancient Vedangas, or ancillary science connected with the Vedas – the scriptures of Hinduism.James Lochtefeld (2002), "Nirukta" in The Illustrated Encyclopedia of Hinduism, Vol. 2: ...
– were the other significant contributors to the Dharma-text genre.
Mimamsa literally means the "desire to think", states Donald Davis, and in colloquial historical context "how to think, interpret things, and the meaning of texts". In the early portions of the Vedas, the focus was largely on the rituals; in the later portions, largely on philosophical speculations and the spiritual liberation (moksha
''Moksha'' (; , '), also called ''vimoksha'', ''vimukti'', and ''mukti'', is a term in Jainism, Buddhism, Hinduism, and Sikhism for various forms of emancipation, liberation, '' nirvana'', or release. In its soteriological and eschatologic ...
) of the individual. The Dharma-texts, over time and each in its own way, attempted to present their theories on rules and duties of individuals from the perspective of a society, using the insights of hermeneutics and on language developed by Mimamsa and Vedanga. The Nyaya
Nyāya (Sanskrit: न्यायः, IAST: nyāyaḥ), literally meaning "justice", "rules", "method" or "judgment", is one of the six orthodox (Āstika) schools of Hindu philosophy. Nyāya's most significant contributions to Indian philosophy ...
school of Hindu philosophy, and its insights into the theories on logic and reason, contributed to the development of and disagreements between the Dharmasastra texts, and the term ''Nyaya'' came to mean "justice".
Influence
Dharmaśāstras played an influential role in modern era colonial India history, when they were used as the basis for the law of the land for all non-Muslims (Hindus, Jains, Buddhists
Buddhism, also known as Buddhadharma and Dharmavinaya, is an Indian religion and philosophical tradition based on teachings attributed to the Buddha, a wandering teacher who lived in the 6th or 5th century BCE. It is the world's fourth ...
, Sikhs
Sikhs (singular Sikh: or ; , ) are an ethnoreligious group who adhere to Sikhism, a religion that originated in the late 15th century in the Punjab region of the Indian subcontinent, based on the revelation of Guru Nanak. The term ''Sikh'' ...
).[
In 18th century, the earliest British of the ]East India Company
The East India Company (EIC) was an English, and later British, joint-stock company that was founded in 1600 and dissolved in 1874. It was formed to Indian Ocean trade, trade in the Indian Ocean region, initially with the East Indies (South A ...
acted as agents of the Mughal emperor. As the British colonial rule took over the political and administrative powers in India, it was faced with various state responsibilities such as legislative and judiciary functions.[Timothy Lubin et al (2010), Hinduism and Law: An Introduction (Editors: Lubin and Davis), Cambridge University Press, , Chapter 1] The East India Company, and later the British Crown
The Crown is a political concept used in Commonwealth realms. Depending on the context used, it generally refers to the entirety of the State (polity), state (or in federal realms, the relevant level of government in that state), the executive ...
, sought profits for its British shareholders through trade as well as sought to maintain effective political control with minimal military engagement.[ The administration pursued a path of least resistance, relying upon co-opted local intermediaries that were mostly Muslims and some Hindus in various princely states.][ The British exercised power by avoiding interference and adapting to law practices as explained by the local intermediaries.] The colonial policy on the system of personal laws for India, for example, was expressed by Governor-General Hastings in 1772 as follows,
For Muslims of British India, the Sharia
Sharia, Sharī'ah, Shari'a, or Shariah () is a body of religious law that forms a part of the Islamic tradition based on Islamic holy books, scriptures of Islam, particularly the Quran, Qur'an and hadith. In Islamic terminology ''sharīʿah'' ...
or the religious law for Muslims was easily available in al-Hidaya and Fatawa al-Alamgir written under the sponsorship of Aurangzeb
Alamgir I (Muhi al-Din Muhammad; 3 November 1618 – 3 March 1707), commonly known by the title Aurangzeb, also called Aurangzeb the Conqueror, was the sixth Mughal emperors, Mughal emperor, reigning from 1658 until his death in 1707, becomi ...
. But for non-Muslims (followers of Dharmic religions
Indian religions, sometimes also termed Dharmic religions or Indic religions, are the religions that originated in the Indian subcontinent. These religions, which include Buddhism, Hinduism, Jainism, and Sikhism,Adams, C. J."Classification o ...
and others such as Tribal people and Parsis
The Parsis or Parsees () are a Zoroastrian ethnic group in the Indian subcontinent. They are descended from Persian refugees who migrated to the Indian subcontinent during and after the Arab-Islamic conquest of Iran in the 7th century, w ...
), this information was not readily available.[ Hence the British colonial officials extracted from the Dharmaśāstra, the legal code to apply on non-Muslims for the purposes of colonial administration. However, the Hindu laws as designed by the British, was solely drawn upon from a single text (]Manusmriti
The ''Manusmṛti'' (), also known as the ''Mānava-Dharmaśāstra'' or the Laws of Manu, is one of the many legal texts and constitutions among the many ' of Hinduism.
Over fifty manuscripts of the ''Manusmriti'' are now known, but the earli ...
with the commentary of the Bengali Hindu
Bengali Hindus () are adherents of Hinduism who ethnically, linguistically and genealogically identify as Bengalis. They make up the majority in the Indian states of West Bengal, Tripura, Andaman and Nicobar Islands, and Assam's Barak Valley ...
scholar Kulluka Bhatta, which was widely respected among Bengali Hindu intermediaries of the British living in the capital of Calcutta
Kolkata, also known as Calcutta (List of renamed places in India#West Bengal, its official name until 2001), is the capital and largest city of the Indian States and union territories of India, state of West Bengal. It lies on the eastern ba ...
) & later British-era collections saw increasing importance of canonical texts over secondary sources & prevalent customary law, in a manner similar to the ''sola scriptura
(Latin for 'by scripture alone') is a Christian theological doctrine held by most Protestant Christian denominations, in particular the Lutheran and Reformed traditions, that posits the Bible as the sole infallible source of authority for ...
'' doctrine.
The Dharmashastra-derived laws for non-Muslim Indians were dissolved after India gained independence, but Indian Muslim Personal Law (Shariat) Application Act of 1937 continued to be the personal and family law for Indian Muslims.[ For non-Muslims, a non-religious uniform civil code was passed by Indian parliament in the 1950s, and amended by its elected governments thereafter, which has since then applied to all non-Muslim Indians.]
Major English translations
For beginners
* Olivelle, Patrick. 1999. ''Dharmasūtras: The Law Codes of Āpastamba, Gautama, Baudhāyana, and ''. New York: Oxford UP.
* Olivelle, Patrick. 2004.
The Law Code of Manu
'. New York: Oxford UP.
Other major translations
* Kane, P.V. (ed. and trans.) 1933. '' on Vyavahāra (Law and Procedure)''. Poona: Oriental Book Agency.
* Lariviere, Richard W. 2003. '. 2nd rev. ed. Delhi: Motilal Banarsidass.
* Rocher, Ludo. 1956. ''Vyavahāracintāmani: a digest on Hindu legal procedure''. Gent.
Early translations with full-text online
* Jha, Ganganath (trans.)
Manusmṛti with the Manubhāṣyya of Medhātithi
including additional notes, 1920.
* Bühler, Georg (trans.)
SBE Vol. 25, 1886.
* Bühler, Georg (trans.)
SBE Vol. 2, 1879 art 1: Āpastamba and Gautama* Bühler, Georg (trans.)
The Sacred Laws of the Āryas
SBE Vol. 14, 1882 art 2: and Baudhāyana* Jolly, Julius (trans.)
The Institutes of
SBE Vol. 7, 1880.
* Jolly, Julius (trans.)
SBE Vol. 33. Oxford, 1889. ontains both ' and '
See also
* Dhammasattha
* Tirukkural
The ''Tirukkuṟaḷ'' (), or shortly the ''Kural'' (), is a classic Tamil language text on commoner's morality consisting of 1,330 short couplets, or Kural (poetic form), kurals, of seven words each. The text is divided into three books wit ...
Notes
References
Bibliography
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External links
Various Dharma Shastras Vol 1
MN Dutt (Translator), Hathi Trust
Various Dharma Shastras Vol 2
MN Dutt (Translator), Hathi Trust
The Cooperative Annotated Bibliography of Hindu Law and Dharmaśāstra
* ttps://web.archive.org/web/20110716022717/http://is1.mum.edu/vedicreserve/smriti/smriti_complete.pdf "Maharishi University of Management – Vedic Literature Collection"A Sanskrit reference to the texts of all 18 Smritis.
History of Dharmashastra, PV Kane
{{DEFAULTSORT:Dharmashastra
Hindu law
Hindu texts
Ancient Indian law
Religious law